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Similarly, to most of their counterparts in Africa, South Africa and Kenya have a history
of disrespecting constitutionalism by flouting their constitutions. This occurs despite the
good intentions to preserve judicial ...
In South Africa power is exercised simultaneously by all spheres of government.1 Consequently provision is made for the constitutional principles of cooperative government to coordinate government functions and intergovernmental ...
his article will look at what e-procurement is, whether the current legislative framework in South Africa provides for it, its advantages and challenges, and current developments. Reference will be made to e-procurement ...
Public procurement is generally known to be the acquisition of goods and services by the government from the private sector. Construction works are considered to constitute services and as such are not specifically referred ...
Anthony, Allison(Juta and Company (Pty) Ltd, 2019)
The 2017 Preferential Procurement Regulations brought about vast changes to the legal landscape of construction procurement, specifically with regard to subcontracting. This article evaluates the impact of these regulations ...
Amici curiae participation plays an important role in litigation and judicial decisionmaking.
The public interest nature of these participations has become particularly
important in representing the point of view of those ...
There is an ever-increasing reliance on the law as a route, or resource to implement
desired change.' The law in this context is a complex aggregation of principles,
norms, ideas, rules, practices and the activities of ...
Feminists have long viewed the criminal justice system — the system that women access to
gain protection from or recourse against sexual violence — as the ultimate gendered
institution, often reinforcing deeply sexist ...
Spies, Amanda(Pretoria University Law Press, 2016)
With the South African Constitution recognising customary law as part of South Africa's legal system, debates arose as to the application of the equality principle within custom, as many customary practices were seen as ...
Amici curiae have for many years assisted courts to reach decisions with the Constitutional Court being the first court to acknowledge this contribution by implementing specific rules to administer amici curiae participation. ...
Amici curiae participation plays an important role in litigation and judicial decisionmaking.
The public interest nature of these participations has become particularly
important in representing the point of view of those ...
This article explores the concept of substantive equality and how, as a constitutional value, it requires the consideration and application of restorative justice principles in the sentencing of rape offenders. With sexual ...
This discussion explores the unique nature of gender-based violence and the need for courts to understand the intricacies in adjudicating these matters. The focus is on amicus curiae participation as a specific litigation ...
Dlagnekova, Polina(Southern African Society of Legal Historians, 2009)
It is widely accepted that inter-state relationships have entered an era of globalisation. The economic theory of convergence explains that it is this phenomenon which has spearheaded, amongst others, the development of ...